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Record STMT-W9A73B9Soft law

Malfunctions of robotic system in surgery: role and responsibility of surgeon in legal point of view

Report State lawSouthern Europe · ITin forceNot AI-specific

This literature review examines the impact and legal implications of robotic system malfunctions in surgery based on published data and the FDA MAUDE database. It finds that device malfunctions are relatively rare and highlights that while surgeons generally bear little direct legal responsibility for equipment failures, proper technical training and patient informed consent regarding potential device failure are necessary.

Summary and content fields are drawn from the document text and are pending editorial review.

Who issued it

San Luigi HospitalAcademic · IT
Lead issuer
Santa Croce e Carle HospitalAcademic · IT
Co-issuer
University of Naples Federico IIAcademic · IT
Co-issuer
University of BresciaAcademic · IT
Co-issuer
Legal forceSoft law
Under whose authorityState law
Judged fromfull text

Who it governs

Professional groupResearchers and academics

Surgeons, legal medicine specialists, and researchers studying medical device liability and robotic surgery.

Sectors
Healthcare · robotic surgeryResearch and science · medical literature review

What the document contains

What's covered

The document covers the frequency, types, and literature-reported impacts of robotic surgical device malfunctions, alongside an analysis of the surgeon's legal responsibilities and training needs.

What's missing

Specific AI governance guidelines, statutory regulations, or binding legal mandates regarding autonomous surgical systems are not provided.

Key takeaways
  • Robotic system malfunctions in surgery are rare according to literature and database reviews.
  • Most robotic procedure failures are traditionally due to surgeon inability or device dysfunction.
  • Surgeons generally do not bear direct legal responsibility for equipment failures originating from manufacturing standards.
  • Surgical training programs should include technical knowledge of robotic devices and troubleshooting.
  • Informed consent should include communicating the possibility of robotic system failure to patients.
Outline
· 1 Introduction
· 2 Methods
· 3 Results
· 4 Discussion
  - 4.1 Robotic malfunctions
  - 4.2 Legal implications
· 5 Limits of the study
· 6 Conclusions
Issued2 August 2016
Length3,751 words
FormatNot recorded
Scopenational

How it scores

Pending review

Each score is backed by a quote verified against the document text. Editorial review has not yet confirmed them.

Accountability

3/5

Clear responsibility for AI outcomes

Nothing In the literature clearly defines surgeons’ legal responsibility in RMs: lesions due to these problems appear not to be the surgeon’s responsibility, but imputable to the instrument and therefore to the manufacturer.

4.2 Legal implications

screening score · 2026-10-24

Fairness

0/5

Non-discrimination and equitable treatment

screening score · 2026-10-24

Human Dignity

0/5

Respect for the inherent worth of persons

screening score · 2026-10-24

Human Oversight

2/5

Humans remain in control of consequential decisions

However, if an RM occurs after the induction the surgeon must be able to deal with the problem, either directly or by calling in device specialists

4.1 Robotic malfunctions

screening score · 2026-10-24

Privacy

0/5

Protection of personal data and private life

screening score · 2026-10-24

Transparency

2/5

Openness about how AI systems work and are used

Throughout the IC acquisition, in a surgery based on advanced technologies, informing the patient about eventualities such as robot malfunctioning and execution modalities becomes necessary

4.2 Legal implications

screening score · 2026-10-24

Enforcement

0/5

Consequences and compliance mechanisms with real force

screening score · 2026-10-24

Impact Assessment

1/5

Required assessment of an AI system's risks/impacts before or during use

We reviewed the literature to estimate the impact of this second circumstance in RS and its consequent legal implications.

Abstract

screening score · 2026-10-24

Topics

robotic_surgery medical_malpractice legal_liability device_malfunction surgical_safety